Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2320
Posts / Week:6.1
Archived Since:March 17, 2008

Blog Post Archive

I talk about defamation law

3 months agoIndustries / Law : 43(B)log

With a bit of background for a story on Rolling Stone's UVa story (where recklessness may play a key role), and separately for a story on ALEC's somewhat surprising threats that calling it a climate denialist is defamatory. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Transformative use of the day, fair use for me but not for thee edition

3 months agoIndustries / Law : 43(B)log

At this link, the Graphic Artists Guild shares news about its opposition to fair use and to "piracy,"... and a remix video demonstrating what Hollywood thinks about graphic designers, taking clips from multiple movies and shows to make its points. Show More Summary

terminated franchisee can sue UPS for false advertising by other franchisees

3 months agoIndustries / Law : 43(B)log

UPS Store, Inc. v. Hagan, No. 14cv1210, 2015 WL 1456654 (S.D.N.Y. Mar. 24, 2015) I’m eliminating large chunks of this dispute involving a terminated UPS franchisee sued for trademark infringement and breach of contract. The Hagans operated...Show More Summary

lack of injury dooms false advertising claim based on patent invalidity

3 months agoIndustries / Law : 43(B)log

Bern Unlimited, Inc. v. Burton Corp., No. 11–12278, 2015 WL 1442456 (D. Mass. Mar. 31, 2015) Bern, which makes sports helmets, sued six competitors for trade dress infringement of its allegedly unique design, with a small visor and rounded shape. Show More Summary

ANA conference: litigating Lanham Act damages

3 months agoIndustries / Law : 43(B)log

Litigating Damages Claims In Lanham Act False Advertising Cases Alexander Kaplan, Partner, Proskauer Rose LLP: Case law on damages can be tricky/inconsistencies between circuits. What’s recoverable? 1117(a): D’s profits; damages sustained by P; costs of action. Show More Summary

ANA conference: native advertising

3 months agoIndustries / Law : 43(B)log

The Natives Are Restless: Legal Perspectives On Native Advertising John P. Feldman, Partner, Reed Smith LLP: ads have been considered deceptive for not disclosing they are ads/source. Native ads = sponsored content formatted to fit seamlessly into modern media. Show More Summary

Even post-Lexmark, Lanham Act isn't for garden variety defamation claims

3 months agoIndustries / Law : 43(B)log

Mitchell v. Sanchez, No. 14–0996–CV, 2015 WL 1393266 (W.D. Mo. Mar. 25, 2015) Mitchell alleged that defendants incorrectly stated on various media broadcasts that she had AIDS/HIV. She sued for violation of the Lanham Act, invasion of privacy and intrusion into seclusion, false light invasion of privacy, and defamation per se. Show More Summary

Three's fair use too: play is transformative work

3 months agoIndustries / Law : 43(B)log

Adjmi v. DLT Entertainment LTD., No. 14 Civ. 568 (S.D.N.Y. Mar. 31, 2015) David Adjmi sued for a declaratory judgment that his play, 3C, based on Three’s Company, was a fair use, in order to be able to authorize publication and licensing for further production. Show More Summary

ANA conference: Miss. AG Jim Hood

3 months agoIndustries / Law : 43(B)log

Keynote Address, Jim Hood, Attorney General, State of Mississippi, President, National Association of Attorneys General (NAAG) Law enforcement has to be moving to the internet, where crime is going. Worked with ISPs on child porn/hash screening. Show More Summary

ANA conference: surveys

3 months agoIndustries / Law : 43(B)log

What Do Consumers Think? Using Online Surveys To Demonstrate Implied Claims David G. Mallen, Co-Chair, Advertising Disputes, Loeb & Loeb LLP: NAD now forum of choice for many ad challenges, especially since the standard of proof is different for implied claims. Show More Summary

ANA conference: keynotes

3 months agoIndustries / Law : 43(B)log

2015 ANA Conference Keynote Address: Michael O’Rielly, Commissioner, FCC Missed most of this due to transit, but he thanked advertisers for defending their interests before the FCC and said they should be involved before an issue reaches his desk. Show More Summary

Reading list: descriptive and suggestive TMs

3 months agoIndustries / Law : 43(B)log

Jake Linford, The False Dichotomy Between Suggestive and Descriptive Trademarks. Abstract: Classifying a trademark as descriptive rather than suggestive fundamentally alters the scope of trademark protection. A descriptive mark, derived...Show More Summary

A legitimate affiliation confusion claim?

3 months agoIndustries / Law : 43(B)log

Grubbs v. Sheakley Group, Inc., 2015 WL 1321126, No. 1:13cv246 (S.D. Ohio Mar. 18, 2015) The court adopted the magistrate judge’s recommendations in this case, dismissing Lanham Act claims (and RICO claims) and declining to retain jurisdiction over state claims. Show More Summary

Fair use quote of the day

3 months agoIndustries / Law : 43(B)log

Rigsby v. Erie Ins. Co., No. 14-cv-905 (W.D. Wis. Mar. 16, 2015): “It is difficult to imagine how it could not be fair use for an insurer to copy or distribute a photograph for the purpose of evaluating an insured’s claim.” http://tushnet.blogspot.com/feeds/posts/default?alt=rss

The cartoonist has no idea how fair use works

3 months agoIndustries / Law : 43(B)log

Story here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Reading list: Campbell at 21/Sony at 31

3 months agoIndustries / Law : 43(B)log

Jessica Litman, Campbell at 21/Sony at 31. As you'd expect, insightful and a pleasure to read. Extracts: When copyright lawyers gather to discuss fair use these days, the most common refrain is its alarming expansion. This distress about...Show More Summary

Wannabe competitor lacks standing to challenge false advertising

3 months agoIndustries / Law : 43(B)log

Maine Springs, LLC v. Nestlé Waters North America, Inc., 2015 WL 1241571, No. 2:14–cv–00321 (D. Me. Mar. 18, 2015) Maine Springs was founded seven years ago to start a bottled water operation in Poland Spring, Maine. Maine Springs owned the natural springs, bottling facility, bulk water facility and necessary equipment for bottled water operations. Show More Summary

post-POM claim based on false implication of FDA approval survives

3 months agoIndustries / Law : 43(B)log

Par Sterile Products, LLC v. Fresenius Kabi USA LLC, 2015 WL 1263041, No. 14 C 3349 (N.D. Ill. Mar. 17, 2015) Par’s vasopressin injection product, Vasostrict, is a FDA-approved pharmaceutical. Fresenius’s vasopressin injection product is not. Show More Summary

Farley and Tsai on the Redskins trademark

3 months agoIndustries / Law : 43(B)log

At Prawfsblawg, Professors Christine Haight Farley and Robert Tsai analyze the First Amendment case against the Redskins cancellation, and conclude that 2(a) should survive scrutiny. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Bad 230 ruling for LivingSocial

3 months agoIndustries / Law : 43(B)log

Faegin v. LivingSocial, Inc., 2015 WL 1198654, No. 14cv00418 (S.D. Cal. Mar. 16, 2015) After losing its attempt to mandate arbitration, LivingSocial gets a terrible §230 ruling in this trademark infringement etc. case involving vouchers it sold. Show More Summary

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